Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Lake County Super. Ct. No. CR909304
GEMELLO, J.
Eric Barber pled guilty to one count of possession of methamphetamine and one count of driving on a suspended or revoked license, and he was sentenced to two years in prison. Barber’s counsel has raised no issue on appeal and asks this court for an independent review of the record to determine whether there are any arguable issues. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) Barber has not filed a supplementary brief. We find no arguable issues and affirm.
Background
The following facts are taken from the probation report.
On May 13, 2006, Lake County Sheriff’s deputies stopped a car driven by Barber after observing that the car had expired registration tags. The deputies arrested Barber after he admitted that he did not have a driver’s license. During an inventory search of the car, they discovered 0.35 grams of methamphetamine, as well as drug paraphernalia, in a small box.
Barber was charged by complaint with felony possession of methamphetamine (count one; Health & Saf. Code, § 11377, subd. (a)), misdemeanor possession of drug paraphernalia (count two; id., § 11364), and misdemeanor driving on a suspended or revoked license (count three; Veh. Code, § 14601.2, subd. (a)). Count three alleged a prior Vehicle Code section 14601.2, subdivision (a) conviction; the complaint also alleged one prior strike (Pen. Code, §§ 1170.12 and 667) and one prior prison term (Pen. Code, § 667.5, subd. (b)).
Before the preliminary hearing and pursuant to a negotiated plea agreement, Barber waived his constitutional rights and pled guilty to possession of methamphetamine and misdemeanor driving on a suspended or revoked license. He also admitted the prior driving on a suspended or revoked license conviction. The trial court dismissed count two and the prior strike and prison term enhancement allegations. The court denied a motion to reduce the methamphetamine possession conviction to a misdemeanor and denied probation. The court sentenced Barber to the midterm of two years in prison for count one and imposed a concurrent 90-day sentence for count three.
Before sentencing, Barber informed the court that he wished to withdraw his plea. The court appointed a new attorney to investigate a possible plea withdrawal motion, but the attorney subsequently informed the court that he could not find grounds for such a motion.
Discussion
We have reviewed the entire record and have found no arguable appellate issues. Barber was adequately represented by legal counsel throughout the proceedings. Before he entered his plea, the trial court confirmed that he understood the constitutional rights he was waiving by entering a plea of guilty. The trial court also confirmed that Barber had sufficient opportunity to confer with counsel and described the potential consequences of a guilty plea. Barber freely and voluntarily pled guilty to counts one and three and admitted the prior violation of Vehicle Code section 14601.2, subdivision (a). Barber expressed agreement with his counsel’s offer of proof, which included the assertions that Barber told the arresting deputy that his driving privilege had been suspended and that a usable quantity of methamphetamine was found in his car.
The court read and considered the probation officer’s report and recommendation, heard argument from counsel, and sentenced Barber in accord with the plea agreement.
Appellate counsel advised Barber of his right to file a supplementary brief to bring to the court’s attention any issue he believed deserved review. (People v. Kelley (2006) 40 Cal.4th 106.) Barber did not file a supplementary brief. There are no legal issues that require further briefing.
Disposition
The judgment is affirmed.
We concur. SIMONS, Acting P.J., NEEDHAM, J.